Dallas Bar Association
HEADNOTES one from becoming homeless, and impress people in our community with their professionalism. Ashley, Bradley, Anne Marie and Reed and all DVAP volunteers are part of a team of people working hard in Dallas to provide legal aid, and access to our justice system, to the poor. DVAP’s 15 staff members are also a part of this team. They manage 12 legal clinics a month throughout our city, review over 300 new cases they receive every month, prepare these cases for placement with volunteers or in one of its pro se programs, and then find a volunteer attorney to represent them. DVAP staff is simultaneously recruiting new volunteers, hosting CLE programs to train volunteers, and mentoring volunteers on their pro bono cases. DVAP staff also coordinates several pro se clinics for its clients. None of this would be possible without the bighearted support of DVAP’s donors, who provide the resources to make everything happen. These are donors like Andy Payne and Jim Mitchell, partners with the law firm of Payne Mitchell Law Group, who have donated $25,000 to the 2015 Equal Access to Justice Campaign, benefitting the Dallas Volunteer Attorney Program. Payne Mitchell’s gift continues their tradition of helping DVAP clients. Payne Mitchell
Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
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To Give: www.dvapcampaign.org.
Andy Payne and Jim Mitchell
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Years ago when I first started working in pro bono, a volunteer attorney commented to me that one of the best things about pro bono are “the hugs.” She said something to the effect of “my paying clients never give me hugs, and I just love those hugs.” While we all need the paying clients, there is something pure and simple about these hugs; they are natural and heartfelt. Over the years, pro bono lawyers have received other simple gestures of gratitude—broad smiles and tears, the greeting card that goes in a safe place, a tin of cookies, or homemade tamales, just to name a few. These are modest acts made all the more meaningful because they are done with tremendous appreciation by people who have nothing else to give. Pro bono clients also share their gratitude through words praise and thanks for their volunteer attorneys. Here are a few. Ashlie Alaman’s client provided this enthusiastic comment. “I want to sincerely thank DVAP and Ashlie for taking my case! Ashlie is one of the greatest people I have ever met.” Bradley Smyer’s client said, “Mr. Smyer exceeded all my expectations. I am truly grateful for all the work and time he put into settling this issue. Thank you.” Anne Marie Bui Tedford’s client wrote, “I didn’t really know what to expect when meeting with the volunteer group. My daughter and I were so impressed with the professionalism, compassion and willingness to help with my needs. My husband was a proud veteran and would be grateful this program was available for me during this difficult time—both emotionally and financially.” Reed Allmand represented a client who said, “I have been so blessed to have your help. I would be on the streets without you.” Year after year, pro bono volunteers do what Ashley, Bradley, Anne Marie and Reed have done. They show kindness to widows, save some-
Law Group, a personal injury law firm that specializes in products liability, commercial vehicles, medical malpractice, aviation, negligence, whistleblower and business torts, has donated more than $150,000 to DVAP in the last eight years. Payne Mitchell Law Group also continues to be one of the largest contributors to legal aid to the poor in North Texas. “We are very thankful to have the continued support of Jim and Andy for the Campaign. Their efforts to provide equal access to justice for their clients and for the public at large have been inspiring!” said Robert Tobey, a partner with the law firm of Johnston Tobey and Co-Chair of the 2015 Equal Access to Justice Campaign. “Over the years I have witnessed firsthand Jim and Andy’s commitment to equal access for justice, both in their professional practice and in their longstanding commitment to the EAJ campaign,” added Laura Geisler, a partner with Geisler Law Firm and Co-Chair of the Campaign. “They understand the importance of giving back and we are grateful for their continued generosity.” So, the next time you see Andy Payne and Jim Mitchell, shake their hand, pat them on the back and thank them for their commitment to legal aid to the poor. Or, maybe even, give them a hug. The Dallas Volunteer Attorney Program is a joint pro bono program of the Dallas Bar Association and Legal Aid of NorthWest Texas. The Dallas Bar Association and Legal Aid of NorthWest Texas co-sponsor the Equal Access to Justice Campaign, which benefits the Dallas Volunteer Attorney Program. For more information on the Campaign or the Dallas Volunteer Attorney Program, please contact Alicia Hernandez at (214) 220 HN 7499 or ahernandez@dallasbar.org.
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by Alicia Hernandez
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Payne Mitchell Law Group: Making Things Happen!
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Focus Health Law/Employee Benefits
November 2014 Volume 39 Number 11
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THANK YOU TO OUR MAJOR DONORS | Equal Access to Justice Campaign Kicks Off The Dallas Bar Association and Legal Aid of NorthWest Texas kicked off their annual Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program. A number of Dallas firms, corporations and friends have committed major support. Please join us in recognizing and thanking the following for their generous gifts to the Campaign*:
PLATINUM ($10,000) Jerry C. Alexander Deans & Lyons, LLP Exxon Mobil Corporation Godwin Lewis PC Haynes and Boone Foundation Jackson Walker L.L.P. KoonsFuller, PC Mike McKool, Jr. Robert L. Tobey The Hartnett Law Firm Vinson & Elkins LLP
PRESIDENT’S COUNCIL ($30,000) Crain Lewis, LLP CHAIRMAN’S COUNCIL ($25,000) Anonymous Connatser Family Law Hon. Deborah Hankinson Payne Mitchell Law Group L.L.P.
*Donors as of press time.
GOLD ($5,000+) Anderson Tobin, PLLC Carrington, Coleman, Sloman & Blumenthal, L.L.P. Ms. Cheryl A. Engelmann Hasseena J. Enu Fish & Richardson Greenberg Traurig, LLP Mark & Laurie Johansen Randy Johnston McKool Smith Bobby M. Rubarts Lewis Sifford Sommerman & Quesada The Mike and Barbara Lynn Philanthropic Fund Waters, Kraus & Paul, LLP
Law firms, corporations and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January. To donate, contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign.
Inside 5 Issues to Consider When Drafting Healthcare Transactions 10 Pro Bono Awards 15 No Presumption Favoring Employer Stock Investments 17 Understanding “Business Associates Agreements”
DBA MEMBER REMINDER – RENEW ONLINE TODAY!
You may renew your 2015 DBA Dues online NOW! Go to the DBA website and under the Membership tab, click on Renew Online. Or you may send in your payment with your 2015 DBA DUES STATEMENT, which will be mailed to your office or home in late October! 2015 DBA DUES must be paid by December 31, 2014 to continue receiving ALL your member benefits. Thank you for your support of the Dallas Bar Association!